AG Kamala Harris Submits Brief in Support of Sergio Garcia

California Attorney General Kamala Harris filed a brief
with the California Supreme Court last week, supporting
Sergio Garcia’s case to be admitted to the California Bar, reports CBS News.

California’s Latino state legislators have also spoken
out in support of Garcia, reports the Los Angeles Times. The California
Legislative Caucus submitted
a brief to the court in support of Garcia.

Garcia passed the California bar exam but has been unable to gain admission
to the California bar due to the fact that he is an undocumented citizen.

Garcia has lived in the United States since he was a baby, and he paid his way
through law school by taking odd jobs. But at the same time, he is an illegal
alien and has been waiting for his Green Card for over a decade.

The dispute has now made its way to the California Supreme Court. We’ve
discussed it a few times on this blog, even breaking down the requirements
for admission to the California state bar. As we pointed out, nowhere is
there an express requirement that the person seeking admission be a legal
resident of the United States.

So what’s the holdup?

According to Larry DeSha, former state bar prosecutor, the issue relates to
Garcia’s ability to uphold the oath. The oath requires attorneys to state that
they will uphold the Constitution, the laws of the US, and the laws of any state.
This, DeSha says, implies immigration laws as well.

The California Supreme Court is waiting for the U.S. Department of Justice to
weigh in with its brief, expected in August. So far, Sergio Garcia has amassed
a number of amicus curiae supporting his position. In addition to Kamala
Harris and the Latino legislators, he also has backing from the Los
Angeles County Bar Association.

Let’s see where this goes when the Supreme Court finally renders its
decision.

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